New Hampshire Annual Trust Accounting / Trustee's Report (RSA § 564-B:8-813(c))

ANNUAL TRUSTEE'S REPORT / ACCOUNTING

Pursuant to New Hampshire Revised Statutes Annotated § 564-B:8-813(c)

I. TRUST IDENTIFICATION

II. TRUSTEE IDENTIFICATION

III. RECIPIENTS OF THIS REPORT (§ 564-B:8-813(c))

IV. SUMMARY OF ACCOUNT

V. SCHEDULE OF RECEIPTS (§ 564-B:8-813(c)(3))

A. Income Receipts

B. Principal Receipts

VI. SCHEDULE OF DISBURSEMENTS (§ 564-B:8-813(c)(4))

A. Ordinary Administration Expenses

B. Distributions to Beneficiaries

C. Taxes

VII. STARTING STATEMENT OF ASSETS (§ 564-B:8-813(c)(1), (6)) — As of [__/__/____]

VIII. ENDING STATEMENT OF ASSETS (§ 564-B:8-813(c)(1), (6), (7)) — As of [__/__/____]

IX. STATEMENT OF LIABILITIES (§ 564-B:8-813(c)(2))

☐ The Trust has no outstanding liabilities as of the end of the accounting period.

X. TRUSTEE COMPENSATION AND AGENTS HIRED (§ 564-B:8-813(c)(5))

A. Trustee Compensation

B. Agents Hired by Trustee

C. Related-Party Transactions

☐ The Trustee did not engage in any transactions during the accounting period with the Trustee personally, with any entity in which the Trustee holds a beneficial interest, or with any agent related to the Trustee, other than as fully disclosed above.

☐ The following related-party transactions occurred during the accounting period and are fully disclosed for the beneficiaries' review:

[____________________________________________________________]

[____________________________________________________________]

XI. STATUTORY LIMITATION NOTICE — ONE-YEAR LIMITATIONS PERIOD (§ 564-B:10-1005(a))

NOTICE OF LIMITATIONS PERIOD UNDER N.H. REV. STAT. ANN. § 564-B:10-1005(a)

You may not commence a proceeding against the Trustee for breach of trust based on any matter adequately disclosed in this Trustee's Report more than ONE (1) YEAR after the date this Report is sent to you (or to your representative, including any designated representative under N.H. Rev. Stat. Ann. § 564-B:3-305A). The one-year period applies to any potential claim that is adequately disclosed by the facts set forth in this Report. Claims not subject to the one-year period under § 564-B:10-1005(a) are subject to a residual three-year limitations period under § 564-B:10-1005(c). Consult an attorney promptly if you have any questions or concerns about any item in this Report.

XII. NOTICE OF RIGHT TO PETITION THE PROBATE DIVISION

You are hereby notified that, as a recipient of this Report, you may petition the New Hampshire Circuit Court — Probate Division for the county in which the principal place of administration of the Trust is located (see Section I above), pursuant to RSA § 564-B:2-203, to (without limitation):

• Compel an accounting or compel the Trustee to provide additional information under § 564-B:8-813;
• Settle the Trustee's report and pass upon the acts of the Trustee, including the exercise of discretionary powers;
• Surcharge the Trustee for breach of trust under RSA § 564-B:10-1001; or
• Seek other equitable relief available under the New Hampshire Trust Code.

XIII. BENEFICIARY OBJECTION MECHANISM

A beneficiary (or designated representative) who has questions or objections to any item in this Report is encouraged (but not required) to contact the Trustee in writing within [____] days of receipt at the address in Section II. This informal step does not extend, shorten, or substitute for the limitations periods under RSA § 564-B:10-1005, and it does not modify any party's right to petition the Probate Division.

Trustee Contact for Objections / Inquiries:

XIV. OPTIONAL — BENEFICIARY RECEIPT AND RELEASE (§ 564-B:10-1009)

The undersigned Beneficiary (or designated representative under § 564-B:3-305A) acknowledges that:

1. The undersigned has received and reviewed the foregoing Trustee's Report for the accounting period [__/__/____] to [__/__/____];
2. The undersigned has had the opportunity to consult independent legal counsel concerning the Report;
3. The undersigned knows of the undersigned's rights and of the material facts relating to the matters disclosed in the Report; and
4. The undersigned, pursuant to N.H. Rev. Stat. Ann. § 564-B:10-1009, hereby CONSENTS TO, RELEASES, AND RATIFIES the acts of the Trustee disclosed in the Report and waives any claim against the Trustee based on any matter so disclosed.

Beneficiary / Representative Signature: [________________________________]

Print Name: [________________________________]

Capacity (Beneficiary / Designated Representative): [________________________________]

Date: [__/__/____]

XV. TRUSTEE VERIFICATION

I, the undersigned Trustee, declare under penalty of perjury under the laws of the State of New Hampshire:

1. I have reviewed the foregoing Annual Trustee's Report and each schedule attached;
2. The information set forth is true, correct, and complete to the best of my knowledge, based on the books, records, and supporting documentation of the Trust;
3. All material trust property, liabilities, receipts, disbursements, the source and amount of trustee compensation, and (where feasible) the market values of trust assets for the accounting period stated above are disclosed; and
4. This Report is furnished pursuant to N.H. Rev. Stat. Ann. § 564-B:8-813(c).

Executed on [__/__/____] at [____________________], New Hampshire.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XVI. PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 years and not a party in interest under the Trust. On [__/__/____], I served the foregoing ANNUAL TRUSTEE'S REPORT on each person identified in Section III, by:

☐ Certified mail, return receipt requested (recommended)

☐ First-class mail, postage prepaid

☐ Personal delivery

☐ Other method reasonably calculated to give actual notice: [________________________________]

I declare under penalty of perjury under the laws of the State of New Hampshire that the foregoing is true and correct.

Date: [__/__/____]

Signature: [________________________________]

Print Name: [________________________________]

Address: [________________________________]

SOURCES AND REFERENCES

• N.H. Rev. Stat. Ann. § 564-B:8-813 (Duty to Inform and Report) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-8-813/
• N.H. Rev. Stat. Ann. § 564-B:10-1005 (Limitation of Action Against Trustee by Beneficiary) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-10-1005/
• N.H. Rev. Stat. Ann. § 564-B:10-1008 (Exculpation of Trustee) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-10-1008/
• N.H. Rev. Stat. Ann. § 564-B:10-1009 (Beneficiary's Consent, Release, or Ratification) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-10-1009/
• N.H. Rev. Stat. Ann. § 564-B:3-305A (Designated Representative; Quiet Trusts) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/
• N.H. Rev. Stat. Ann. § 564-B:1-103 (Definitions) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-1-103/
• N.H. Rev. Stat. Ann. § 564-B:1-105 (Mandatory Rules) — https://law.justia.com/codes/new-hampshire/title-lvi/chapter-564-b/section-564-b-1-105/
• N.H. Circuit Court — Probate Division — https://www.courts.nh.gov/our-courts/circuit-court/probate-division
• New Hampshire Trust Code (RSA Ch. 564-B), effective October 1, 2004; amended by NH Trust Modernization Acts (2006, 2015).